C3C2Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C3

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

C1Chapter 6F1 Release, licences and recall

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Release on licence

I1244Duty to release prisoners

1

As soon as a fixed-term prisoner, other than a prisoner to whom section F7243AF13, 246A or 247 applies, has served the requisite custodial period F8for the purposes of this section, it is the duty of the Secretary of State to release him on licence under this section.

F21A

Subsection (1) does not apply if the prisoner has been released on licence under section 246 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).

F92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F5For the purposes of this section “the requisite custodial period” means—

a

in relation to a person serving a sentence of imprisonment for a term of twelve months or more or F11a determinate sentence of detention under section 91 F10or 96 of the Sentencing Act F12for such a term, one-half of his sentence,

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

in relation to a person serving two or more concurrent or consecutive sentences F6... , the period determined under sections 263(2) and 264(2).

F34

This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).